Post on 24-Apr-2018
2017 – 2020
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
PORTLAND STATE UNIVERSITY, A
UNIVERSITY WITH A GOVERNING BOARD
AND
THEATRICAL STAGE EMPLOYEES OF THE
INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES, MOVING
PICTURE TECHNICIANS, ARTISTS AND
ALLIED CRAFTS OF THE UNITED STATES,
ITS TERRITORIES AND CANADA
LOCAL 28
I.A.T.S.E.
Page 2 PSU/IATSE Local 28 Agreement
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE I: Union Recognition and Hiring......................................................1
ARTICLE II: Jurisdiction..........................................................................................5
ARTICLE III: Wages; Overtime & Conditions .................................................6
ARTICLE IV: Benefits ...................................................................................................12
ARTICLE V: No Strike or Lockout ......................................................................13
ARTICLE VI: Discipline and Discharge .............................................................13
ARTICLE VII: Resolution of Disputes ...............................................................15
ARTICLE VIII: Miscellaneous Provisions ........................................................17
ARTICLE IX: Term and Termination ......................................................................18
PSU/IATSE Local 28 Agreement 1
THIS AGREEMENT is made and entered into by and between PORTLAND
STATE UNIVERSITY, a university with a governing board, (hereinafter
referred to as the “Employer” or “PSU”), and LOCAL 28, THEATRICAL
STAGE EMPLOYEES OF THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS
OF THE UNITED STATES,ITS TERRITORIES AND CANADA (hereinafter
referred to as the “Union”).
W I T N E S S E T H
Purposes
For and in consideration of settled and harmonious trade
conditions, mutually beneficial to the parties hereto, the Employer
and the Union do hereby enter into and agree to abide by the
following Agreement covering wages, hours and working conditions of
the employees of the Employer in the classifications hereinafter
set forth.
ARTICLE I: Union Recognition and Hiring
1.1 The Employer recognizes the Union as the sole exclusive
bargaining representative for all of its employees as set forth in
the wage classifications herein, and the Employer agrees that all
employees employed by it to perform within the jurisdiction of the
Union shall become members of the Union in accordance with the
Constitution and By-Laws of the Union or shall become fair share
payers pursuant to 1.1.1. Unless otherwise stated, this Agreement
applies only to Stage Carpenters, Stage Electricians, Flymen,
Riggers, Stage Production Truckloaders, Wardrobe Employees,
Dressers and Stagehand Employees performing the work as defined in
Article II, Jurisdiction, and employed to work on stage productions
presented in Portland State University’s Lincoln Performance Hall
(Lincoln Hall 175). This Agreement specifically excludes all
Performers, Front of House Staff, Ticket Sellers, Ticket Takers,
Ushers, Office Staff, Booking employees, Event Coordinators,
Guards, Students whose employment is incidental to or an integral
part of their academic curriculum, Faculty Members, volunteers,
employees who are members of other certified or recognized
bargaining units of Employer, exempt, supervisory, managerial and
confidential employees, and all other employees excluded by law.
1.1.1 The parties hereby enter into a fair share
agreement for all purposes consistent with state
Page 2 PSU/IATSE Local 28 Agreement
and federal law. The Employer shall deduct a fair
share fee or payment in-lieu-of-dues from the
paycheck of each bargaining unit member covered by
this contract who is not a member of Local 28. The
amount will be designated by Local 28, but in no
event will it exceed an amount equal to the full
dues and initiation fees paid by Local 28 members.
Local 28 shall utilize such payments in accordance
with the requirements of state and federal law.
This fair share agreement shall be construed to
safeguard the rights of employees under ORS
243.666.
1.1.2 The Union agrees that it will indemnify, defend
and save PSU harmless from all suits, actions,
proceedings and claims against PSU, or person
acting on behalf of PSU, whether for damages,
compensation, reinstatement or a combination
hereof arising out of PSU’s implementation of
Article 1.1 if the Employer gives reasonable
notice to the Union. PSU may choose, at any time,
to be represented by its own counsel at its own
cost. Claims which have not been adjudicated will
not be settled without the concurrence of the
Union.
1.2 Both the Employer and the Union recognize and promise to
adhere to the principles of equal opportunity and agree to cooperate
with each other in complying with all applicable federal, state and
local laws and regulations. Both parties to this Agreement agree
not to discriminate with regard to terms and conditions of
employment by and with the Employer in any manner on the basis of
membership in the Union, race, national origin, marital status,
religion, sexual orientation, age, sex, gender identity, mental or
physical disability.
1.3 Hiring
1.3.1 The parties agree that the Employer is solely
responsible for hiring employees. The parties also
agree that the Union has expertise in the areas
covered by this Agreement. The parties agree to
work together to maintain the high level standards
currently in place.
1.3.2 The University shall maintain a list of up to nine
regular employees who shall be dispatched first,
PSU/IATSE Local 28 Agreement 3
before resort to other employees as provided in
1.3.4, for any and all work within the scope of
this Agreement. The nine regular employees on the
list as of the date of this Agreement are listed
in Exhibit A. If a regular employee on the list
works less than eighty (80) hours for the
University within a calendar year, the University
shall remove that person from the list. If there
are less than nine regular employees on the list,
for whatever reason, the University may add new
employees to the list, provided that there may not
be more than nine regular employees on the list at
any time. The Employer shall keep an updated list
of regular employees with the Union. The Union
will refer regular employees according to
seniority based on employees’ original hire date
with the University, except that the Employer may
request referral of a regular employee by name as
provided in Article 1.3.8 and/or may require that
the dispatched employee have specified bona fide
requirements or special skills and abilities in
accordance with Article 1.3.5. Such requests must
be in writing or email explaining the reason for
the specific request. The original hire dates of
the nine regular employees on the list as of the
date of this Agreement are included in Exhibit A.
1.3.3 On any production utilizing the entire stage,
there will be a minimum of 1 employee for each of
the following systems that is in substantial use
during the production, as reasonably determined by
the Employer’s Production Coordinator: sound
systems, lighting systems, the fly system,
installing set pieces (provided by company or
built by the regular employees). On any lecture or
small music production (performed in front of the
orchestra shell), the minimum regular employee to
be hired will be 1. Additional crew beyond these
minimums is at the discretion of the Employer.
1.3.4 When extra personnel beyond regular employees are
needed to perform stage work, maintenance or other
tasks, it is mutually agreed that the Union shall
be the exclusive source of obtaining qualified
employees, i.e. that the Union shall be given the
first opportunity to refer applicants to the
Page 4 PSU/IATSE Local 28 Agreement
Employer for employment, and that the Employer can
hire from other sources only if the Union cannot
supply the needed employees. The Employer shall
endeavor to notify the Union at least one week in
advance of the time and location of the calls and
the number of personnel needed. The Union agrees
that when referring applicants for employment,
its selection will be made in a lawful, non-
discriminatory manner in accordance with the
Union’s Hiring Hall Rules. It is further agreed
that the Hiring Hall Rules will adopt reasonable
standards or criteria for the making of referrals
and that such standards or criteria will be
consistent with the terms of this Agreement and
applied on a uniform basis. Personnel shall be
subject to the terms and conditions of this
Agreement and shall be paid according to Exhibit
A. Personnel may be paid through the regular PSU
payroll, or the Employer may opt to use a payroll
service.
1.3.5 When the Employer states bona fide requirements or
special skills and abilities in the request for
employees, the Union shall refer the first person
on the list possessing such skills and abilities.
The Union shall provide personnel that possess the
necessary level of skills, knowledge and expertise
required to perform duties and handle
responsibilities to the general satisfaction of
the Employer. The Union agrees to inform personnel
that they are required to arrive at any work calls
with the necessary equipment. For employees
expected to perform general stagehand work, such
equipment includes basic hand tools including
hammer, adjustable wrench, pliers, diagonal
cutters, screwdrivers, and gloves. For employees
expected to perform wardrobe duties, such
equipment includes work apron, scissors, safety
pins, flashlight, needle and thread.
1.3.6 The Employer shall have the right to reject any
new or probationary job applicant referred by the
Union. The Employer shall have the right to reject
any non-probationary applicant only in accordance
with Article 6.2.1. Applicant rejections must be
in writing to the applicant and the Union and must
specify the cause for the rejection. The Employer
PSU/IATSE Local 28 Agreement 5
will pay any applicant rejected the applicable
minimum call, unless the applicant was rejected
for just cause.
1.3.7 The Union shall provide necessary personnel that
possess the level of skills, knowledge and
expertise required to perform duties and handle
responsibilities to the general satisfaction of
the Employer and/or any third parties utilizing
such employees. The Employer and the Union may
provide ongoing training and education for all
employees covered by this Agreement. PSU, upon
written request and giving due consideration to
facility needs, may make equipment and/or
facilities available without charge for training
purposes.
1.3.8 The Employer shall have the right to request
referral by name without regard to contrary hiring
hall rules. Such requests must be in writing or
email explaining the reason for the specific
request. The Union will make good faith efforts
to comply with such requests, provided they are
based on skills and qualifications and are not
arbitrary or discriminatory. Each requested
employee shall be paid the appropriate hourly
rate.
ARTICLE II: Jurisdiction
2.1 This Agreement shall only apply to work on stage
productions presented in Portland State University’s Lincoln
Performance Hall (Lincoln Hall 175). With respect to employees
covered by this Agreement, it is understood and agreed that the
Union jurisdiction includes the following: the making of all
rigging, scenery, props, electrical effects, public address and
sound reinforcement systems, sound recording systems, installation
and operation of the same on stages; the making, repairing,
alteration and maintenance of all costumes and their accessories
used on the stage, dressing of and making changes for all performers
and application of facial and body make-up of cosmetics of any
description, in creating hair styles, styling and dressing, hair
and wigs; the set up of all audio-visual equipment, projectors and
associated control systems; Theater Arts restore; and over all
stagecraft historically performed by Employees in the Lincoln
Performance Hall. PSU may continue its historic practice of having
Page 6 PSU/IATSE Local 28 Agreement
performers, volunteers, faculty members, and students whose
employment is incidental to or an integral part of their academic
curriculum perform work within this jurisdiction; the Union agrees
that its jurisdiction does not include such work when performed by
such persons. This would include, for example, having Theater or
Opera students perform such work on a performance related to their
academic programs. Furthermore, PSU may continue its historic
practice of renting or otherwise providing access to the Lincoln
Performance Hall to third parties who employ or otherwise engage
others to perform work as described in the second sentence of this
section, but not operation of the University’s own major production
systems; the Union agrees that its jurisdiction does not include
such work when performed by such persons.
2.2 Personnel engaged by the Employer to perform the work
covered under this Agreement shall be considered employees of the
Employer, which has the ultimate right of control and direction of
the employees during the event in question.
2.3 The Employer shall determine the specific job assignments
of all individuals employed under this Agreement. The Employer and
the Union further recognize and agree that all employees may be
assigned to work in all areas if qualified, may be required to
rotate positions from time to time, and may be assigned to perform
work as required or as needed without regard to departmental
distinction.
2.4 Time sheets submitted to the Employer shall not be altered
by the Employer without notification to the affected employee of
any such alteration.
2.5 Payroll checks for all personnel covered under this
Agreement will be issued and made available in accordance with the
Employer's regular payroll period.
2.6 No employees covered by this Agreement shall donate his
or her services without prior, mutual, written consent of the
Employer and the Union.
ARTICLE III: Wages; Overtime & Conditions
3.1(a) Attached hereto as Exhibit “B”, which by this
reference is made a part hereof as though fully set forth herein.
This Exhibit sets forth the job classifications, wages, hours and
overtime, to be paid employees, and such Exhibit having been agreed
PSU/IATSE Local 28 Agreement 7
to by the parties, shall be binding upon the Employer, the Union
and the employees covered by this Agreement.
3.1(b) As of July 1, 2017, the wage rates shall be
increased by 5.0%, as reflected in Exhibit B.
3.1(c) As of July 1, 2018, the wage rates shall be
increased by 5.0% compounded, as reflected in
Exhibit B.
3.1(d) As of July 1, 2019, the wage rates shall be
increased by 5.0% compounded, as reflected in
Exhibit B.
3.1.1 An Employee may be required to perform both Rigger
work and other stagehand work during the same
production. In such cases, the Employee will be
paid the Rigger rate for the time spent performing
Rigger work, but not less than a minimum of two
hours per call. If the Employer requests dispatch
of a highly qualified Rigger outside the Regular
Employee list, the minimum call for such Rigger
will be 4 hours at the Rigger rate.
3.1.2 For purposes of this section, Rigger work is defined
as:
1) The installation, maintenance and dismantling
of the physical means of support for the overhead
equipment specifically related to the Employer’s
production.
2) The spotting of lines by moving adjustable
loft/head block sheaves on open beams and hanging
ceiling and safety devices installed in
conjunction with spot lines.
3) Work requiring the Employee to wear a safety
harness.
4) Focusing lights while suspended.
3.1.3 For purposes of this section, Rigger work does not
include the loading or unloading of counterweights
on the fly system.
Page 8 PSU/IATSE Local 28 Agreement
3.2 Conditions of Regular Time
3.2.1 When employees are employed between the hours of
8:00 a.m. and 12:00 midnight, they shall be paid
at the regular straight-time hourly rate, as
modified by the premium provisions of this
Agreement.
3.3 Conditions of Overtime
3.3.1 When employees are engaged for work calls on an
hourly basis during the hours of 12:00 midnight
and 8:00 a.m., the wage rate shall be one and one-
half (1½) times the regular straight time hourly
rate.
3.3.2 Daily overtime: when employees have worked more
than eight (8) hours on the same day, the wage
rate shall be one and one-half (1½) times the
applicable hourly rate.
3.3.3 When employees are engaged for any work call on a
holiday during the twenty-four (24) hour period
constituting a holiday (12 midnight to 12
midnight), the employee shall be compensated at
one-and-a-half (1 1/2) times the regular straight
time hourly rate. Holiday rate shall apply to all
minimum calls. Holidays for purposes of this
Agreement are New Year’s Day (January 1), Martin
Luther King, Jr. Day (third Monday in January),
Memorial Day (last Monday in May), Fourth of July
(July 4), Labor Day (first Monday in September),
Veterans’ Day (November 11), Thanksgiving Day
(fourth Thursday in November), the day after
Thanksgiving Day, and Christmas Day (December 25).
3.3.4 Weekly overtime: Hours worked in excess of forty
(40) regular hours in an employee's workweek
(Sunday through Saturday) shall be compensated for
at one and one-half (1 1/2) times the applicable
hourly rate. The Employer shall retain the
exclusive right to monitor all overtime and
schedule employees in a manner that limits or
avoids overtime, provided, however, no employee
shall be replaced or removed after eight (8) hours
per day or after forty (40) hours per week during
PSU/IATSE Local 28 Agreement 9
a single promoter event for the purpose of
preventing payment of overtime or premium wage
scale.
3.4 Conditions of Wage Policy
3.4.1(a) Minimum calls shall be four (4) hours pay at
the rate applicable to the time of day the four
(4) hour call falls within, except that no rate
other than the regular base rate shall be paid on
minimum calls unless employees are actually
working during premium times, except that an
Employee is entitled to holiday pay as provided in
3.3.3 for any call time that falls on a holiday
and except as provided in 3.1.1 (Rigger rate
minimums).
3.4.1(b) There shall be no minimum call requirement under
Section 3.4.1(a) for maintenance of the fly,
lighting, sound and/or stage system recommended by
a bargaining unit member and approved, scheduled
and supervised by the Employer.
3.4.1(c) The minimum call on Christmas Eve shall be eight
(8) hours.
3.4.2 For purposes of computing time under this
Agreement, any fraction of a half-hour over eight
(8)minutes, when worked by an employee, shall be
considered a full half-hour.
3.4.3 In no event shall wages be duplicated or pyramided.
Compensation shall not be paid more than once for
the same hours under any provision of this Article.
The language of this Section shall not apply to
Section 3.5.3.
3.4.4 Employees shall be allowed an uninterrupted rest
period of fifteen (15) minutes on the Employer's
time for each four (4) hours of working time. Rest
periods shall be scheduled as nearly as possible
to the midpoint of the work period.
3.4.5 On a call back where the break between the call back and the initial work is more than one hundred
twenty (120) minutes, the call back shall be paid
as a four (4) hour minimum call.
Page 10 PSU/IATSE Local 28 Agreement
3.4.6 Employees will be kept on call only when
appropriate stage work is required by the
Employer.
3.4.7 The shift of an employee required to work during
a performance shall begin no less than one-half
(1/2) hour prior to the beginning of the
performance.
3.4.8 Employees required to work during a performance
shall remain on the call until the performance is
completed.
3.4.9 Employees covered by this Agreement working more
than sixty (60) minutes between midnight and 8:00
a.m. will continue receiving the same rate of pay
as specified in 3.3.1 until the employee has
received no less than an eight (8) hour rest
period.
3.4.10 For reasons other than a campus-wide University
closure, when crew are cancelled twenty-four (24)
hours or less before a confirmed shift they shall
be compensated for four (4) hours at the regular
Stagehand rate in Exhibit B.
3.5 Meal Period Breaks During Employment
3.5.1 (a) All employees covered by this Agreement shall have an unpaid meal period of at least one (1)
hour duration no earlier than the end of third and
no later than the end of the fifth continuous hour
of work. Meal periods may be staggered to allow
uninterrupted continuation of the work call as
long as there are enough personnel remaining on
duty to ensure that the work is done in a safe
competent manner.
3.5.1(b) When working for the Employer on an approved
and scheduled maintenance call under Section
3.4.1(b), an unpaid meal break of one-half hour
will be allowed, at the option of the Employee
and the language of Section 3.5.2 will not apply
if a meal break is taken.
PSU/IATSE Local 28 Agreement 11
3.5.2 Employees shall receive a minimum two (2) hour
call immediately following each unpaid meal break.
3.5.3 If the Employer or Presenter has a special
situation and PSU wishes to negotiate an exemption
or modification to these conditions, it shall
contact the Union Steward or Business Agent in a
timely manner to determine if the revision or
waiver is mutually acceptable. Should the
representatives of both Employer and Union fail to
mutually agree upon a revised meal period break,
the Employer shall pay each employee a meal period
premium. The value of a meal period premium shall
be computed as being equal to one and one-half (1 1/2) times the applicable hourly rate until such a
meal period is allowed. The meal period premium
shall begin immediately at the end of the fifth
continuous hour of work with no grace period. If
no meal period is given by the end of the seventh
hour, then the meal premium shall be computed as
being equal to two (2) times the applicable hourly
rate until such a meal period is allowed. The
double-time meal premium shall be calculated from
the end of the seventh (7th) hour of work. If a
meal is taken before the end of the third hour the
remaining time before the end of the third hour
will be paid at regular base rate and have no
effect on the minimum four (4) hour call.
3.5.4 The Employer, in lieu of providing employees a
full meal period break or in lieu of paying
employees a meal period premium, may provide an
adequate meal for all employees and at least thirty
(30) minutes to consume the meal. Employees shall
receive continuous pay during the thirty (30)
minute meal period. An adequate meal is defined as
cold sandwiches and drinks, deli trays or a hot
meal, depending on the hour of the day.
3.5.5 If a meal period falls between the hours of 10:00
P.M. and 8:00 A.M., an adequate hot meal and a
one-half (1/2) hour period in which to eat must be
provided. Employees shall receive continuous pay
during the one-half (1/2) hour meal period.
3.5.6 No employee shall take a meal break during a
performance or technical or dress rehearsal.
Page 12 PSU/IATSE Local 28 Agreement
ARTICLE IV: Benefits
4.1(a) For all employees working under this Agreement, the
Employer agrees to contribute to the IATSE National Health & Welfare
Fund Plan C the further sum of eight and one-half percent (8.5%) of
the gross wages earned by each employee covered by this Agreement
and employed by the Employer under its terms. The contributions are
payable by the 10th of the month following the month of employment.
These contributions are in addition to all wages and other sums
required to be paid by this Agreement. There shall be no obligation
for PSU to contribute for work or workers specifically excluded from
the bargaining unit or from the jurisdiction of the Union under
Articles 1.1 and 2.1 of this Agreement.
4.1(b) Effective September 1, 2017, the contribution amount
referred to in section 4.1(a) shall be increased to nineteen(
19.0%) percent.
4.1(c) Effective July 1, 2018, the contribution amount referred
to in section 4.1(b) shall be increased to twenty (20.0%) percent.
4.1(d) Effective July 1, 2019, the contribution amount referred
to in section 4.1(c) shall be increased to twenty-one ( 21.0%)
percent.
4.2 The Employer further agrees to be bound by all of the
terms and conditions of the agreement and declaration of Trust for
the IATSE National Health & Welfare Fund as restated September 22,
2005, and as amended respectively, and the IATSE National Health &
Welfare Fund’s Statement of Policy and Procedures for Collection of
Contributions Payable be Employers, as related to the contributions
due as set forth hereinabove.
4.3 The Employer will continue its participation in the PERS
program as required by law. For those employees who qualify, the
required six percent (6%) employee PERS contribution shall be paid
by the Employer.
4.4 The Employer agreesto pay, effective September 1, 2017 the sum
of one percent (1%) of the gross monthly wages earned by each
Employee covered by this Agreement and employed by the Employer
under its terms to the IATSE Entertainment and Exhibition Industries
Training Trust Fund (“IATSE Training Trust Fund”). All contributions
to the IATSE Training Trust Fund shall be made by check payable to
PSU/IATSE Local 28 Agreement 13
the “IATSE Training Trust Fund”, no later than the 20th day of each
month in respect to all employment during the preceding month on
which contributions were payable. Benefit contributions shall be
sent to the IATSE Training Trust Fund, 10045 Riverside Drive, Toluca
Lake, CA 91602.
On or before January 15, 2019, the Union will submit a report
to the Employer identifying IATSE Training Trust Fund access by
bargaining unit members from September 1, 2017 to December 31, 2019.
If the report reveals less than ten (10) uses, the Employer will
cease contributions to the IATSE Training Trust Fund on January 30,
2019.
ARTICLE V: No Strike or Lockout
5.1 The Union agrees that during the life of this Agreement
it will not engage in a strike, picketing, slow-down or other work
stoppage regarding any matter covered by this Agreement. The
Employer agrees that during the life of this Agreement it will not
engage in a lockout regarding any matter covered by this Agreement.
In addition, the Union agrees not to engage in a sympathy strike.
Employer and Union each agree that neither shall engage in any
strike, slow-down, other work stoppage or lockout except in
compliance with and as permitted by Oregon law.
5.2 Upon notification by the Employer to the Union of any
work stoppage, slowdown, picketing or strike in violation of Section
5.1, the Union agrees to immediately notify any employees engaging
in such activities to cease and desist. The Union agrees to declare
that such work stoppage, slowdown, picketing or strike is in
violation of this Agreement and is unauthorized. The Union agrees
to immediately notify all employees of their obligation and
responsibility for maintaining compliance with this Article
including their responsibilities to remain at work during any
interruption which may be caused or initiated by others and to
encourage other employees violating Section 5.1 above to return to
work.
ARTICLE VI: Discipline and Discharge
6.1 Conditions of Rejection or Dismissal
6.1.1 An employee may not be shifted to another position
after the first technical rehearsal has occurred
Page 14 PSU/IATSE Local 28 Agreement
without the concurrence of the Employer and the
Union. Substitutions once technical rehearsals
have begun are not allowed without prior approval
of the Employer. Notwithstanding the above, the
Employer may replace an employee only for just
cause. The Employer will grant exceptions to this
rule for illness, compassionate leave, bereavement
or other reasonable grounds.
6.1.2 Referred Applicants may be rejected under the terms
of Section 1.3.
6.1.3 The Employer may dismiss or discipline an Employee
for just cause.
6.2 Causes for Rejection, Dismissal, and/or Discipline
6.2.1 Employees shall serve a probationary period until
the end of the performance run during which the
employee completes the first 160 hours of
employment with the Employer. The Employer shall
not discharge or discipline a non-probationary
employee without just cause. The Employer shall
not reject a non-probationary employee without
just cause unless the employee lacks the skills
required for the assignment and the Employer
complies with Article 1.3.6.
6.3 Pay in the event of dismissal: In situations where an
employee is dismissed or otherwise removed from their job without
prior warning, the employee shall be paid for actual time worked on
the date of the dismissal or suspension, and the minimum call
requirements of the various schedules to this Agreement shall apply,
unless the dismissal is for criminal conduct, dishonesty related to
employment, or working under the influence of alcohol or illegal
drugs or possessing or selling illegal drugs at work, in which case
the employee will be paid only for actual time worked.
6.4 Work Rules. The parties recognize that the Employer is
directly responsible for managing the University in a manner that
is in the best interests of its students, faculty, employees and
community and that best advances the missions of the University.
For this reason, it is jointly recognized that the Employer may
implement work rules. No work rules will be adopted which are
contrary to this Agreement. All work rules applicable to the
bargaining unit shall be reduced to writing and furnished to the
Union fifteen (15) calendar days prior to implementation, in order
PSU/IATSE Local 28 Agreement 15
to provide the Union an opportunity to comment and suggest changes.
The Employer agrees the Union has the right to challenge work rules
in the grievance procedure if it believes the work rules violate
the terms of this Agreement.
ARTICLE VII: Resolution of Disputes
7.1 Grievance and Arbitration Procedure A grievance is
defined as a dispute by the Union or a covered employee concerning
the application or interpretation of this Agreement. All parties
are encouraged to seek informal resolution of disputes prior to
invoking the formal grievance process of this Agreement. Grievances
may be initiated and pursued in the following manner:
(1) Step I. An employee who believes s/he has a grievance,
or the Union on her/his behalf, may present the grievance, in
writing, to her/his immediate supervisor for consideration within
fourteen (14) calendar days of the date on which the events occurred
giving rise the grievance. The employee's supervisor shall respond
promptly, but in no event more than fourteen (14) calendar days
after receipt of the written grievance.
(2) Step II. If a grievance has not been settled between the
affected employee/Union and the immediate supervisor, the grievance
shall be forwarded by a Union representative or the affected
employee to the Dean of the School of Fine and Performing Arts or
the Dean’s Designee within fourteen (14) calendar days of receipt
of the Employer’s Step I written response, or the date that such
response was due. A written statement of the grievance shall be
signed by the aggrieved employee or by a Union representative, and
shall include a statement of the specific provisions of the
Agreement alleged to have been violated, a brief statement of the
facts, and a statement of the relief requested. The Employer shall
respond to the written grievance in writing within fourteen (14)
calendar days of its receipt.
(3) Step III. If the grievance is still unsettled, the Union
may within fourteen (14) calendar days of the date of the Employer's
Step II response, or the date that such response was due, advance
the matter to arbitration via written notice to the Employer. If
the parties are unable to agree upon an arbitrator, the Federal
Mediation and Conciliation Service shall be requested to submit a
list of seven (7) names, restricting the pool to Oregon and
Washington states. The list will be paid for by the Employer. Both
the Employer and the Union shall have the right to strike three (3)
names from the list. The party to strike first shall be determined
Page 16 PSU/IATSE Local 28 Agreement
by coin toss and the losing party shall then strike one name. The
parties shall alternate strikes until one name remains, who shall
be the arbitrator. The designated arbitrator shall conduct a
hearing. The arbitrator shall issue a decision, which shall be final
and binding on the Employer, the Union and all involved employees.
The arbitrator shall have no authority to amend, modify, nullify,
ignore or add to the provisions of this Agreement, may rule on
issues of substantive and procedural arbitrability, and shall decide
only the grievance presented. The arbitrator's decision and award
shall be based on his/her interpretation of the meaning or
application of the terms of this agreement to the facts of the
grievance presented. Expenses for the arbitrator shall be borne
equally by the Employer and the Union; however, each party shall be
responsible for compensating its own representatives and witnesses.
If either party desires a verbatim recording of the proceedings, it
may cause such a record to be made, provided it pays for the record
and makes a copy available without charge to the arbitrator. If the
other party desires a copy, both parties shall jointly share the
cost of the transcript and all copies. If either party fails to
proceed with the procedures of Step III (e.g. selection of
arbitrator) within thirty (30) days, unless otherwise mutually
agreed, the other party may proceed on an ex parte basis.
7.2 The Employer or its designee(s) shall meet at mutually
convenient times with the Union.
7.3 Time Limits: The time limits of this grievance and
arbitration procedure shall be strictly adhered to. The Employer
shall have the right to refuse to process or arbitrate a grievance,
which is not raised in a timely fashion. If at any step of the
grievance procedure the Employer does not formally respond as
provided herein, it will be assumed that the Employer has rejected
the grievance, and that the next step of the grievance procedure
shall be available.
7.4 Extension of Time Limits: The time limits of this grievance
and arbitration procedure may be extended by mutual agreement, in
writing, between the parties. The parties may mutually agree in
writing to waive any of the time limits contained in this procedure.
7.5 For purposes of this Article, the date of receipt shall
be considered the effective date for purposes of calculating the
time limits contained in this grievance procedure.
7.6 The parties may, upon mutual agreement, in writing, submit
multiple grievances to an arbitrator for decision.
PSU/IATSE Local 28 Agreement 17
7.7 The provisions of this Article shall not be interpreted
to require that the Union process any grievance through the
grievance or arbitration procedure, which it believes in good faith,
lacks sufficient merit.
ARTICLE VIII: Miscellaneous Provisions
8.1 Union Access Privileges. Authorized agents of the Union
shall have access to the Employer's establishment during working
hours for the privilege of adjusting disputes and investigating
working conditions, and ascertaining that the Agreement is being
adhered to; provided, however, that the Union notifies the
Employer’s Production Coordinator or his/her designee and that no
interruption, interference or disruption of work may occur.
8.2 Other Work. The Employer, at its sole discretion, may
offer employees represented by the Union under this Agreement work
and responsibilities not within and/or specifically excluded from
the overall work jurisdiction or responsibilities of the Union
covered under this Agreement. Neither the offer by the Employer to
employees represented by the Union to perform work and/or accept
responsibility of work not within and/or specifically excluded from
the work jurisdiction and responsibilities of this Agreement, nor
acceptance of any such work by employees represented by the Union
will constitute a precedent and/or past practice under this
Agreement nor shall future work be covered by this Agreement.
Employees shall not be required to perform work outside of the
jurisdiction of this Agreement.
8.3 Insurance. It is agreed by the Employer that it will comply
with the requirements of ORS Chapter 656 regarding workers’
compensation.
8.4 Safety. The Employer acknowledges its obligation to
provide a safe and healthy environment for employees in accordance
with all applicable federal, state and local laws pertaining to
health and safety. In situations that are under the direct control
and responsibility of the Employer, the Employer shall respond
promptly to alleged unsafe conditions brought to its attention by
an employee. The Union shall appoint one member to the PSU Safety
Committee and may discuss safety issues of mutual concern and make
recommendations to the manager of Portland State University’s
Lincoln Hall regarding safety issues pertaining to employees.
Page 18 PSU/IATSE Local 28 Agreement
8.4.1 Light Duty. When there is a compensable on-the-job
injury and the employee is released for light duty
by a physician, the Employer will meet with the
Union business agent and a management
representative to determine a suitable and
available light duty assignment.
8.5 Management Rights. The Employer retains all
customary, usual and exclusive rights, decision-making,
prerogatives, functions and authority connected with or in any
way incident to its responsibility to manage the affairs of the
Employer not specifically limited by the terms of this
Agreement, or by law. By way of illustration, the exclusive
prerogatives, functions and rights of the Employer include, but
are not limited to, the ability to determine the services to be
rendered by the Employer, to direct and supervise the operations
and functions of the Employer, and to manage and direct the work
force (including the right to determine the methods, processes
and manner of performing work; to establish new positions and
determine the duties and qualifications to be assigned or
required; to hire, promote, demote, discipline, terminate,
reassign, appoint and retain employees; to reduce or eliminate
hours for lack of work or funds; to abolish positions or
reorganize functions, departments of divisions; to determine
shifts, duties, hours, assignments and schedules of work; to
evaluate employee performance; and to purchase, dispose and
assign equipment or supplies).
ARTICLE IX: Term and Termination
9.1 Term. This Agreement shall be effective upon ratification
by both parties and shall remain in full force and effect through
June 30, 2020. It shall be automatically renewed from year to year
thereafter unless either party shall notify the other in writing
not later than sixty (60) days prior to the expiration or subsequent
anniversary date that it wishes to modify or terminate this
Agreement for any reason. In the event that such notice is given,
negotiations shall begin no later than thirty- (30) days after said
notice, unless otherwise agreed to by the parties.
9.2 Closure. The parties shall have no obligation to bargain
with respect to any subjects covered by the terms of this Agreement
and closed to further bargaining for the term hereof.
9.3 Amendment. The Agreement expressed herein in writing
constitutes the entire agreement between the Employer and the Union,
Page 20 PSU/IATSE Local 28 Agreement
Chris Balo – 7/00
Brian Jennings – 6/05
Ian Anderson-Priddy – 7/05
Kerris Cockrell – 7/07
Summer Turpin – 7/11
Rory Breshears – 9/15
Jay Spotswood – 12/15
Lisa Padur – 3/16
PSU/IATSE Local 28 Agreement 21
EXHIBIT B:
July 1, 2017 to June 30, 2018
Per Hour Per ½ Hour
Stage Hands (All Departments) Work between 8:00am and 12:00 Midnight $ 22.35 $ 11.18
After Eight (8) Hours Per Day and Forty (40)
Hours Per Week (x 1.5) $ 33.53 $ 16.77
Riggers Work between 8:00am and 12:00 Midnight $ 33.53 $ 16.77
After Eight (8) Hours Per Day and Forty (40)
Hours Per Week (x 1.5) $ 50.30 $ 25.15
July 1, 2018 to June 30, 2019
Per Hour Per ½ Hour
Stage Hands (All Departments) Work between 8:00am and 12:00 Midnight $ 23.52$ 11.76
After Eight (8) Hours Per Day and Forty (40)
Hours Per Week (x 1.5) $ 35.28 $ 17.64
Riggers Work between 8:00am and 12:00 Midnight $ 35.28 $ 17.64
After Eight (8) Hours Per Day and Forty (40)
Hours Per Week (x 1.5) $ 52.92 $ 26.46
July 1, 2019 to June 30, 2020
Per Hour Per ½ Hour
Stage Hands (All Departments) Work between 8:00am and 12:00 Midnight $ 24.76$ 12.38
After Eight (8) Hours Per Day and Forty (40)
Hours Per Week (x 1.5) $ 37.14 $ 18.57
Riggers Work between 8:00am and 12:00 Midnight $ 37.14 $ 18.57
After Eight (8) Hours Per Day and Forty (40)
Hours Per Week (x 1.5) $ 52.14 $ 26.07